RRC STAFF OPINION
P
LEASE
N
OTE
: T
HIS COMMUNICATION IS EITHER
1)
ONLY THE RECOMMENDATION OF AN
RRC
STAFF ATTORNEY AS TO ACTION THAT THE ATTORNEY BELIEVES THE C OMMISSION SHOULD TAKE ON THE
CITED RULE AT ITS NEXT MEETING , OR 2) AN OPINION OF THAT ATTORNEY AS TO SOME MATTER
CONCERNING THAT RULE .
T HE AGENCY AND MEMBERS OF THE PUBLIC ARE INVITED TO SUBMIT THEIR OWN
COMMENTS AND RECOMMENDATIONS ( ACCORDING TO RRC RULES ) TO THE C OMMISSION .
AGENCY : North Carolina Board of Dental Examiners
RULE CITATION: 21 NCAC 16B .1001
RECOMMENDED ACTION:
Approve, but note staff’s comment
X Object, based on:
X Lack of statutory authority
Unclear or ambiguous
Unnecessary
Failure to comply with the APA
Extend the period of review
COMMENT: This Rule purports to establish the procedure for licensure by endorsement for individuals based upon military service, in order to comply with G.S. 93B-15.1. That statute states that individuals who have been trained by the military and received a military occupational specialty
(MOS) must be awarded a license if the individual meets the requirements in the statute. This statute is the controlling statute for issuing licenses to these individuals, and is presumably intended to ensure that the military training and credentials of these applicants are given due consideration to show the applicant’s fitness to practice the occupation in this state. [See G.S. 93B-15.1(a)]
I do not see that the Board has authority to require that an applicant submit, “written evidence that the applicant is currently serving in the U.S. military or is in the U.S. military reserves” required in
Paragraph (a)(3) of the Rule. For that matter, I do not see any authority of the Board to restrict the application of the statute to only those actively serving. Rather, the statute specifically speaks to those who have received military training and been awarded an MOS, so it could extend to retired or discharged military applicants seeking licensure.
Amanda J. Reeder
Commission Counsel

§ 93B-15.1. Licensure for individuals with military training and experience; licensure by endorsement for military spouses; temporary license.
(a) Notwithstanding any other provision of law, an occupational licensing board, as defined in G.S. 93B-1, shall issue a license, certification, or registration to a military-trained applicant to allow the applicant to lawfully practice the applicant's occupation in this State if, upon application to an occupational licensing board, the applicant satisfies the following conditions:
(1) Has been awarded a military occupational specialty and has done all of the following at a level that is substantially equivalent to or exceeds the requirements for licensure, certification, or registration of the occupational licensing board from which the applicant is seeking licensure, certification, or registration in this
State: completed a military program of training, completed testing or equivalent training and experience as determined by the board, and performed in the occupational specialty.
(2) Has engaged in the active practice of the occupation for which the person is seeking a license, certification, or permit from the occupational licensing board in this State for at least two of the five years preceding the date of the application under this section.
(3) Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension, or revocation of a license to practice that occupation in this State at the time the act was committed.
(4) Pays any fees required by the occupational licensing board for which the applicant is seeking licensure, certification, or registration in this State.
(b) Notwithstanding any other provision of law, an occupational licensing board, as defined in G.S. 93B-1, shall issue a license, certification, or registration to a military spouse to allow the military spouse to lawfully practice the military spouse's occupation in this State if, upon application to an occupational licensing board, the military spouse satisfies the following conditions:
(1) Holds a current license, certification, or registration from another jurisdiction, and that jurisdiction's requirements for licensure, certification, or registration are substantially equivalent to or exceed the requirements for licensure, certification, or registration of the occupational licensing board for which the applicant is seeking licensure, certification, or registration in this State.
(2) Can demonstrate competency in the occupation through methods as determined by the Board, such as having completed continuing education units or having had recent experience for at least two of the five years preceding the date of the application under this section.
(3) Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension, or revocation of a license to practice that occupation in this State at the time the act was committed.
(4) Is in good standing and has not been disciplined by the agency that had jurisdiction to issue the license, certification, or permit.
(5) Pays any fees required by the occupational licensing board for which the applicant is seeking licensure, certification, or registration in this State.
(c) All relevant experience of a military service member in the discharge of official duties or, for a military spouse, all relevant experience, including full-time and part-time experience, regardless
Amanda J. Reeder
Commission Counsel

of whether in a paid or volunteer capacity, shall be credited in the calculation of years of practice in an occupation as required under subsection (a) or (b) of this section.
(d) A nonresident licensed, certified, or registered under this section shall be entitled to the same rights and subject to the same obligations as required of a resident licensed, certified, or registered by an occupational licensing board in this State.
(e) Nothing in this section shall be construed to apply to the practice of law as regulated under Chapter 84 of the General Statutes.
(f) An occupational licensing board may issue a temporary practice permit to a military-trained applicant or military spouse licensed, certified, or registered in another jurisdiction while the military-trained applicant or military spouse is satisfying the requirements for licensure under subsection (a) or (b) of this section if that jurisdiction has licensure, certification, or registration standards substantially equivalent to the standards for licensure, certification, or registration of an occupational licensing board in this State. The military-trained applicant or military spouse may practice under the temporary permit until a license, certification, or registration is granted or until a notice to deny a license, certification, or registration is issued in accordance with rules adopted by the occupational licensing board.
(g) An occupational licensing board may adopt rules necessary to implement this section.
(h) Nothing in this section shall be construed to prohibit a military-trained applicant or military spouse from proceeding under the existing licensure, certification, or registration requirements established by an occupational licensing board in this State.
(i) For the purposes of this section, the State Board of Education shall be considered an occupational licensing board when issuing teacher licenses under G.S. 115C-296.
(j) For the purposes of this section, the North Carolina Medical Board shall not be considered an occupational licensing board. (2012-196, s. 1.)
Amanda J. Reeder
Commission Counsel

RRC STAFF OPINION
P
LEASE
N
OTE
: T
HIS COMMUNICATION IS EITHER
1)
ONLY THE RECOMMENDATION OF AN
RRC
STAFF ATTORNEY AS TO ACTION THAT THE ATTORNEY BELIEVES THE C OMMISSION SHOULD TAKE ON THE
CITED RULE AT ITS NEXT MEETING , OR 2) AN OPINION OF THAT ATTORNEY AS TO SOME MATTER
CONCERNING THAT RULE .
T HE AGENCY AND MEMBERS OF THE PUBLIC ARE INVITED TO SUBMIT THEIR OWN
COMMENTS AND RECOMMENDATIONS ( ACCORDING TO RRC RULES ) TO THE C OMMISSION .
AGENCY : North Carolina Board of Dental Examiners
RULE CITATION: 21 NCAC 16G. 0107
RECOMMENDED ACTION:
Approve, but note staff’s comment
X Object, based on:
X Lack of statutory authority
Unclear or ambiguous
Unnecessary
Failure to comply with the APA
Extend the period of review
COMMENT: This Rule purports to establish the procedure for licensure by endorsement for individuals based upon military service, in order to comply with G.S. 93B-15.1. That statute states that individuals who have been trained by the military and received a military occupational specialty
(MOS) must be awarded a license if the individual meets the requirements in the statute. This statute is the controlling statute for issuing licenses to these individuals, and is presumably intended to ensure that the military training and credentials of these applicants are given due consideration to show the applicant’s fitness to practice the occupation in this state. [See G.S. 93B-15.1(a)]
I do not see that the Board has authority to require that an applicant submit, “written evidence that the applicant is currently serving in the U.S. military or is in the U.S. military reserves” required in
Paragraph (a)(3) of the Rule. For that matter, I do not see any authority of the Board to restrict the application of the statute to only those actively serving. Rather, the statute specifically speaks to those who have received military training and been awarded an MOS, so it could extend to retired or discharged military applicants seeking licensure.
Amanda J. Reeder
Commission Counsel

§ 93B-15.1. Licensure for individuals with military training and experience; licensure by endorsement for military spouses; temporary license.
(a) Notwithstanding any other provision of law, an occupational licensing board, as defined in G.S. 93B-1, shall issue a license, certification, or registration to a military-trained applicant to allow the applicant to lawfully practice the applicant's occupation in this State if, upon application to an occupational licensing board, the applicant satisfies the following conditions:
(1) Has been awarded a military occupational specialty and has done all of the following at a level that is substantially equivalent to or exceeds the requirements for licensure, certification, or registration of the occupational licensing board from which the applicant is seeking licensure, certification, or registration in this
State: completed a military program of training, completed testing or equivalent training and experience as determined by the board, and performed in the occupational specialty.
(2) Has engaged in the active practice of the occupation for which the person is seeking a license, certification, or permit from the occupational licensing board in this State for at least two of the five years preceding the date of the application under this section.
(3) Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension, or revocation of a license to practice that occupation in this State at the time the act was committed.
(4) Pays any fees required by the occupational licensing board for which the applicant is seeking licensure, certification, or registration in this State.
(b) Notwithstanding any other provision of law, an occupational licensing board, as defined in G.S. 93B-1, shall issue a license, certification, or registration to a military spouse to allow the military spouse to lawfully practice the military spouse's occupation in this State if, upon application to an occupational licensing board, the military spouse satisfies the following conditions:
(1) Holds a current license, certification, or registration from another jurisdiction, and that jurisdiction's requirements for licensure, certification, or registration are substantially equivalent to or exceed the requirements for licensure, certification, or registration of the occupational licensing board for which the applicant is seeking licensure, certification, or registration in this State.
(2) Can demonstrate competency in the occupation through methods as determined by the Board, such as having completed continuing education units or having had recent experience for at least two of the five years preceding the date of the application under this section.
(3) Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension, or revocation of a license to practice that occupation in this State at the time the act was committed.
(4) Is in good standing and has not been disciplined by the agency that had jurisdiction to issue the license, certification, or permit.
(5) Pays any fees required by the occupational licensing board for which the applicant is seeking licensure, certification, or registration in this State.
(c) All relevant experience of a military service member in the discharge of official duties or, for a military spouse, all relevant experience, including full-time and part-time experience, regardless
Amanda J. Reeder
Commission Counsel

of whether in a paid or volunteer capacity, shall be credited in the calculation of years of practice in an occupation as required under subsection (a) or (b) of this section.
(d) A nonresident licensed, certified, or registered under this section shall be entitled to the same rights and subject to the same obligations as required of a resident licensed, certified, or registered by an occupational licensing board in this State.
(e) Nothing in this section shall be construed to apply to the practice of law as regulated under Chapter 84 of the General Statutes.
(f) An occupational licensing board may issue a temporary practice permit to a military-trained applicant or military spouse licensed, certified, or registered in another jurisdiction while the military-trained applicant or military spouse is satisfying the requirements for licensure under subsection (a) or (b) of this section if that jurisdiction has licensure, certification, or registration standards substantially equivalent to the standards for licensure, certification, or registration of an occupational licensing board in this State. The military-trained applicant or military spouse may practice under the temporary permit until a license, certification, or registration is granted or until a notice to deny a license, certification, or registration is issued in accordance with rules adopted by the occupational licensing board.
(g) An occupational licensing board may adopt rules necessary to implement this section.
(h) Nothing in this section shall be construed to prohibit a military-trained applicant or military spouse from proceeding under the existing licensure, certification, or registration requirements established by an occupational licensing board in this State.
(i) For the purposes of this section, the State Board of Education shall be considered an occupational licensing board when issuing teacher licenses under G.S. 115C-296.
(j) For the purposes of this section, the North Carolina Medical Board shall not be considered an occupational licensing board. (2012-196, s. 1.)
Amanda J. Reeder
Commission Counsel